What is Mediation?
Mediation is a type of Alternative Dispute Resolution (“ADR”); a way to settle issues without litigating in a courtroom. The mediation process varies, but generally, mediation involves a neutral third-party, the mediator, who works with the parties in a case in an attempt to reach an agreement on their disputed issues.
Often times, the Mediator will start with one party in a separate room and shuttle between the parties. The mediator will listen to that party’s requests and positions, and then proceed to discuss those with the other party in a different room. The second party then conveys his or her positions, or counteroffer, to the mediator, who goes back to the first party. This process continues, with the mediator attempting to get the parties to reach compromises on the different disputed issues, with the goal of reaching a written agreement in the case.